Does a District Court's denial of a proposed jury instruction review de novo or for an abuse of power?

We have not resolved the issue of whether a district court's denial of a proposed jury instruction is reviewed de novo or for an abuse of discretion. United States v. Streit, 962 F.2d 894, 897 (9th Cir.), cert. denied, 113 S.Ct. 431 (1992). We need not resolve the dispute here because the result would be the same under either standard. Proposed Instruction No. 2 misstates an element of the crime and the district court did not err by rejecting it. In addition, although a criminal defendant is entitled to a jury instruction on any theory "which provides a legal defense to the charge against him and which has some foundation in the evidence," Id. at 898 (internal quotation omitted), mistake or ignorance of law is not a valid legal defense. Therefore, the district court did not err in rejecting Proposed instruction No. 3.